Sec. 1353.102. PROCEDURE FOR REMOVAL OF COMMUNITY ADMINISTRATOR. (a) A court may remove a community administrator on the court's own motion or on the motion of an interested person, after the community administrator has been cited by personal service to answer at a time and place specified in the notice.
(b) The removal order must:
(1) state the cause of removal; and
(2) direct the disposition of the assets remaining in the name or under the control of the removed community administrator.
(c) A community administrator who defends an action for the removal of the community administrator in good faith, regardless of whether successful, is entitled to recover from the incapacitated spouse's part of the community estate the community administrator's necessary expenses and disbursements in the removal proceedings, including reasonable attorney's fees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle I - Other Special Proceedings and Substitutes for Guardianship
Chapter 1353 - Management and Control of Incapacitated Spouse's Property
Subchapter C. Removal or Termination of Powers of Community Administrator
Section 1353.101. Grounds for Removal of Community Administrator
Section 1353.102. Procedure for Removal of Community Administrator
Section 1353.103. Termination of Community Administrator's Powers on Recovery of Capacity